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#Post#: 29539--------------------------------------------------
Court details sent to wrong address nightmare
DIR By: AnneH
Date: July 11, 2024, 1:57 pm
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I am not sure where to start so please can anyone point me in
the right direction as I may not even have the right category.
This is the gist of the issue: my son was caught on camera by a
cyclist after what was considered to be a poor and misjudged
overtaking a cyclist manoeuvre. In other words driving without
due care and attention. The police sent the forms to the wrong
address using 13 instead of 3 which is the correct house number.
To cut a very long story short my son discovered the police
error through emails with the police and wrote to the court a
few days before the hearing and explaining he did not have any
of the documents from the court and had he received them, he
would have put in an early guilty plea and accepted any fines
and penalties.
The court acknowledged this email letter stating it was all on
file.
several weeks went by and he heard nothing until one day out of
the blue he received a text message from CDER group bailiffs
stating they were sending a vehicle to his house to collects
goods.
Calling the bailiffs revealed an even more confusing situation,
they were calling at an address he hasn’t lived at for over 5
years.
We called the court yesterday and couldn’t get past the admin
person who insisted we send an email to explain the situation.
We can’t speak to anyone on the legal team and the bailiff text
messages arrive daily.
What is the best move forward? We need to see the original court
documents and we need to stop the bailiff threat. My son totally
acknowledges his oversight but the situation has become a
nightmare. We have no idea how much the original fine was but it
is currently sitting at over £830 with the bailiffs. What can we
do?
It’s Buckingham Magistrates court
kind regards Anne
ps if I have used the wrong category, please point me in the
right direction if you can.
#Post#: 29545--------------------------------------------------
Re: Court details sent to wrong address nightmare
DIR By: andy_foster
Date: July 11, 2024, 2:34 pm
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Send three and fourpence, we're going to a dance!
In other words, how does you posting your somewhat vague version
of what your son has told you add value to the process, compared
to him posting here first hand?
Beyond general bailiff advice (which I stay out of), the devil
is generally in the detail and to be blunt, there is none in
your post.
If you are going to post about the police sending "the forms" to
the wrong address, you are basically wasting our time and your
own.
To the best of your son's knowledge, what notices were sent to,
or received at what addresses and when?
#Post#: 29554--------------------------------------------------
Re: Court details sent to wrong address nightmare
DIR By: AnneH
Date: July 11, 2024, 4:04 pm
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Thank you Andy and I crave your indulgence, do please bear with
me. I have no intention of wasting yours or anyone else’s time.
My son is dyslexic and it’s easier for me to write on his
behalf.
Basically, he was charged by the police for driving without due
care and attention.
The case was sent to High Wycombe Magistrates Court but the
police provided an incorrect address to the court. They used no.
13 instead of no. 3 meaning my son did not receive details of
the written charge or the details of the hearing in a timely
manner. He only found out about the error in the address when
the police officer emailed him a copy of the written charge.
Had he received the court documents from the court directly and
in a timely manner, he would have been able to enter an early
guilty plea. We duly completed the court papers stating once
again the incorrect address, (providing the correct address)
and his inability to enter an early plea.
(The email from the police officer arrived on 10th April and we
sent a recorded delivery letter to the court on 12th April. The
hearing was scheduled for 18th April. We also called the court
and were advised by the admin officer to send an email to the
court. This we did on 17th April. The email was acknowledged on
24th April stating it had been put ‘on file’).
We have heard nothing more from the court, presumably because
they are still using the incorrect address for correspondence.
All we have heard now is from a bailiff company threatening
entry to remove goods from my son’s house.
We need to find out if the case can be reopened as the police
provided the wrong address details to the court in the first
place.
My son drives a company car hence the reason the registered
vehicle details were not in my son’s name.
I hope this gives a better picture. I have not used this forum
before… please be kind. I’m happy to answer any questions you
might have. 🙏🏾
Thank you in advance. AnneH
#Post#: 29560--------------------------------------------------
Re: Court details sent to wrong address nightmare
DIR By: andy_foster
Date: July 11, 2024, 5:30 pm
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So,
an SJPN (summons in old money) was sent to #13 which is
presumably 5 doors up from #3 which is where your son lives,
you need to see the original court papers which were sent to an
address 5 doors up from his, but have no conceivable way of
doing so,
the first he heard of this was when the police emailed him
(before the hearing date), with a copy of the written charge,
you completed the court papers that you never received, and
you still have no way of knowing whether any subsequent
correspondence has been sent by the court as you believe that
they are still using the incorrect address which is 5 doors up
from your son's actual address?
Have I missed anything?
#Post#: 29572--------------------------------------------------
Re: Court details sent to wrong address nightmare
DIR By: AnneH
Date: July 12, 2024, 1:23 am
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Thank you Andy, you haven’t missed anything.
Just to add the only reason the police officer forwarded a copy
of the SJPN in the first place was because my son contacted him
to find out if he had been charged or not. In other words had he
not done this we would not have seen or received anything at
all.
#Post#: 29578--------------------------------------------------
Re: Court details sent to wrong address nightmare
DIR By: The Rookie
Date: July 12, 2024, 1:59 am
---------------------------------------------------------
While sorting everything else I suggest your son checks the V5c
registration document for the car, the usual cause of letters
going astray in these cases is that the V5c hasn't been updated
following a move or has an error in the address which a postie
may have spotted that once and delivered to the correct person
but is no guarantee going forwards.
The 'forms' (I'll guess at Single Justice Procedure Notice - aka
a 'court summons') were not the first things that would have
been sent, so when cutting a long story short (and all the facts
out) did he get:-
1/ The NIP/S172 notice sent to the registered keeper within 14
days of the alleged offence?
2/ If so did he reply naming the driver?
3/ If so did he get any form of out of court offer?
They can't just summon the registered keeper to court they have
to find out who committed the offence (the driver) first.
#Post#: 29579--------------------------------------------------
Re: Court details sent to wrong address nightmare
DIR By: NewJudge
Date: July 12, 2024, 2:28 am
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Has your son checked his driving record online to see what (if
any) endorsement has been applied? It will help us understand
what might have happened. He can do that here:
HTML https://www.viewdrivingrecord.service.gov.uk/driving-record/licence-number
#Post#: 29581--------------------------------------------------
Re: Court details sent to wrong address nightmare
DIR By: Southpaw82
Date: July 12, 2024, 2:31 am
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--- Quote from: The Rookie link ---
>
> While sorting everything else I suggest your son checks the
V5c registration document for the car, the usual cause of
letters going astray in these cases is that the V5c hasn't been
updated following a move or has an error in the address which a
postie may have spotted that once and delivered to the correct
person but is no guarantee going forwards.
>
--- End Quote ---
It’s a company car.
#Post#: 29585--------------------------------------------------
Re: Court details sent to wrong address nightmare
DIR By: ManxTom
Date: July 12, 2024, 3:32 am
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For information the OP originally posted on MSE where it has
been suggested her son needs to contact the mags court and
request the case be reopened under s142.
HTML https://forums.moneysavingexpert.com/discussion/6540450/confusion-at-magistrate-court-and-wrong-address/p1
(Can't do a statutory declaration 'cos he was aware of the
proceedings?)
#Post#: 29588--------------------------------------------------
Re: Court details sent to wrong address nightmare
DIR By: The Rookie
Date: July 12, 2024, 3:42 am
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--- Quote from: Southpaw82 link ---
>
> [quote author=The Rookie link=topic=2493.msg29578#msg29578
date=1720767556]
> While sorting everything else I suggest your son checks the
V5c registration document for the car, the usual cause of
letters going astray in these cases is that the V5c hasn't been
updated following a move or has an error in the address which a
postie may have spotted that once and delivered to the correct
person but is no guarantee going forwards.
>
--- End Quote ---
It’s a company car.
[/quote]
Thanks, so do the company have the right address, did they
supply that, did he get the NIP etc....
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